What is the hourly rate? The basic hourly rate (2014) is € 205,- plus a success fee. The regular rate (2014) is € 295, - per hour without a success fee. These rates are considerably lower than the rates of most IT/IP-specialist lawyers in the Amsterdam or Rotterdam area. Anyway your total expenditure will stay in normal proportion to interest of your case. This firm invoices on a weekly basis. More info at www.vaneeckhouttelawyers.com/costs.
Does the invoice come with a I time specification? Yes ! The invoice comes automatically with a time specification. This specification will be sent interim upon your request. Upon request this law firm reports on certain emails the time spend since the last invoice; TSUN, meaning Time Spend Until Now. For example TSUN 2.35 means that the time spent since the last invoice until now is 2.35 hours.
What do summary proceedings cost? From experience we know that summary proceedings (kort geding) cost between € 6.000,- and € 8.500,- for court fees, bailiff fees and attorney fees, including overhead costs, communcation, investigation, research, preparation of judicial documents and pleadings, and of course the hearing itself. Of course, ultimately the litigation costs depend on many factors such as the size and complexity of the case, the course of the summary proceedings, and various extrajudicial activities, such as the intensity of communication, consultation, negotiation etc.. Therefore an exact amount can not be given at the start.
What does a standard procedure cost? From experience we know that a standard procedure (bodemprocedure) cost between € 15.000,- and € 25.000,- for court fees, bailiff fees and attorney fees, including overhead costs, communcation, investigation, research, gathering of proof and witnesses, preparation of several judicial documents, pleadings and hearings. Once again, ultimately the litigation costs depend on many factors such as the size and complexity of the case, the course of the summary proceedings, and various extrajudicial activities, such as the intensity of communication, consultation, negotiation etc.. Therefore an exact amount can not be given at the start.
I was summoned, now what? Your best option is to call this law firm at +31 33 448 1004 during office hours or +31 64 707 4075 (mobile) after hours in case of urgency. You can than explain your case and we will estimate roughly whether your case is defensible, free of charge. After explaining our financials you will receive a confirmation of assignment. Once your case is trusted into our hands, we will be dominus litis which means responsible for the litigation and handling process. We will inform you on a regular basis and consult with you concerning any crucial steps to be undertaken.
My domain name, trade name, trademark or other intellectual property is misused, now what? In general we absolutely do not advice people to try to help themselves in such matters. Intellectual property law is a complex area of law; before you know it, your actions are detrimental to your interests, you might even forfeit valuable rights! Furthermore, it is questionable whether you fully grasp the ins and outs of your own IP case. It certainly pays to consult this law firm. We are fully equipped to get all the facts out and understand the legal meritis of your case profoundly. In addition, you are legally entitled to full reimbursement of your legal costs. The benefits outweigh the costs. Call +31 33 448 1004 during office hours or +31 64 707 4075 (mobile) after hours in case of urgency for an exploratory chat with IP-attorney Filip Van Eeckhoutte, free of charge.
I want to sue someone, but how? Your best option is to call IT/IP lawyer Filip Van Eeckhoutte at +31 33 448 1004 during office hours or +31 64 707 4075 (mobile) after hours in case of urgency. You can than explain your case and he will estimate roughly whether are not you have a winning case, free of charge. Once your case is trusted into his hands, he will be responsible for the litigation and handling process and inform you on a regular basis. The summons to the defendant will of course be preceded by a profound case study, and an email to you with a risk analysis and a draft of summon letter or draft of cease and desist letter.
I want to bring software on the market, but how? Your best option is to call this law office, IT/IP lawyer Filip Van Eeckhoutte, at +31 33 448 1004 during office hours or +31 64 707 4075 (mobile) after hours in case of urgency. You can than explain your wish and we will inform you of your possibilities in general and an overall of legal arrangements you need to market your software. After explaining our financials you will receive a confirmation of assignment.
What is a summary proceeding? The writ of summons lists the hearing date and time as well as the location of the court. The provisional (or injunction) judge starts the session on time and identifies the parties present before allowing the attorney of the plaintiff to plea his case. The pleadings of the plaintiff are followed by the pleadings of the defendant. In average 20 minutes for each party. Then the judge might ask the lawyers and/or parties some questions and closes the session when he is sufficiently informed. Elaborate proof cannot be presented, so no testimony of witnesses or expert-witnesses. In general a verdict comes after 14 days.
What is a standard procedure? A standart procedure (bodemprocedure) starts with the writ of summons being formally introduced to the court. If no attorney stands up for the defendant, a judgement in absentia will be given. If an attorney does stand up for the defendant, the attorney will be awarded a postponement of six weeks in order to respond and conclude with a written defence, submitting counter-evidence. Next, a hearing will take place in courts. Both parties will be allowed to further clarify their positions and the judge may ask questions to the litigants. Most judges will mediate in order to find a solution an amicable settlement. If a settlement fails, the judge will consult with the lawyers and decide how to continue the procedure; he might allow one of the parties to present (further) proof with witnesses or allow the parties to elaborate on certain issues in writing. Subsequently, the court will set a date to give judgement, mostly within 3 to 6 month's.
Is this law firm specialized in any areas of law? This law firm stands for Litigation Consulting and Contracting. Van Eeckhoutte has extensive experience in Corporate law, IT/internet law and intellectual property law. The office advises, negotiates and litigates for entrepreneurs, IT and software companies, telecom industry, film producers and publishers. The office has up-to-date knowledge of law, regulations, case law and literature. .
Where is this law firm located? This law firm is located in Amersfoort, 35 minute drive from Amsterdam. It has correspondent law offices worldwide, and services its clients in the Netherlands and abroad
Does this law firm also provide lectures, seminars etc.? Yes, Filip Van Eeckhoutte is a guest lecturer at the University of Utrecht , has given several lectures to private institutions, including the Institute for International Research, and workshops and seminars at the Chamber of Commerce.
Does this law firm wins all its cases? Our firm has a high success rate. This is due to the fact that we have a lot of expertise in the field of litigation and make a careful assessment of the chances of success. If we believe that the probability of loss is high, we tend to inform our clients immediately. Should the client wants to continue nevertheless, then we will of course do our utmost.